Capitol Alert

For the agency that regulates California's political practices, honesty may not always be the best policy, according to attorneys who represent state legislators and other elected officials.

Put simply, silence may be fairer, the group argues.

Ross Johnson, named chairman of the state's Fair Political Practices Commission in February, is ruffling feathers by allowing aides to confirm to reporters the existence of formal complaints alleging campaign, fundraising or other improprieties.

Deborah Caplan, representing the California Political Attorneys Association, appeared before the FPPC on Wednesday to request public discussion of any changes to the agency's former press policy.

No action was taken Wednesday.

Caplan, in a letter to the FPPC last week, noted that the agency's previous written policy was "not to discuss details of ongoing investigations -- or even to confirm that an investigation is being conducted."

The previous policy recognized that "frivolous or even false accusations are sometimes made by opposing groups or individuals in the heat of a political contest," she noted.

Adopted in 1999, the old press policy said the FPPC could not confirm the existence of a formal complaint unless the person who filed the document disclosed that fact publicly.

Caplan's letter questioned the FPPC about numerous other complaint matters, ranging from what notification is given to the accused to what standards are used to determine whether an investigation will be launched.

Johnson, in his written response, said the commission will consider changes to its complaint process in February.

But one of his major goals, Johnson said, has been to increase public awareness of FPPC enforcement.

"If a person has filed an enforcement complaint with the commission and release of the information will not jeopardize a possible investigation, the public has a right to know we have received the complaint and are reviewing it," he wrote.

Johnson said the FPPC did not take a formal vote when it instituted a press policy in 1999 or when revisions were made last February, before he was named to the commission.

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